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I have been in a 3 year battle with my owners corporation regarding breaching of the visitors parking bylaws to the point where I took the issue to NCAT at the end of last year and the ruling was that the Tribunal Member did not believe he had jurisdiction to make the owners corporation issue notices to comply. He also based his decision on the fact that the committee advised him they intended to submit an application to Council to have the development consent changed which would reallocate the visitors parking. I have lodged a complaint with the Ombudsman and the Office of Fair Trading on the basis that there is no point in pursuing mediation and NCAT if NCAT itself will not support enforcement of by-laws.
My point – don’t bother with NCAT. Lodge a complaint with your local Council as resident’s parking in visitors car spaces will most likely contravene the development consent which is Council’s responsibility and they will investigate and issue fines.
None of this is pleasant, but residents who abuse the visitors parking by-laws are common thieves, stealing from the other owners by receiving a benefit which they are not paying.
I also live in a small villa complex of 5 units where occupiers of 3 of the units have taken up all five visitors car spaces to park their personal vehicles for many, many years, claiming there is plenty of parking space, including on street parking. They don’t seem concerned that the occupants of the other two units don’t have access to the visitors car spaces! After a couple of years trying to have several issues resolved through the Owners Corporation, including unapproved garage conversions to living space (no DA or OC applications made and in breach of the Development Consent), owners using visitors car spaces for the own vehicles (also in breach of the Development Consent), and storing personal belongings in the visitors car space, I have taken our owners corporation, represented by the Strata Committee, to NCAT; firstly through mediation now through a formal directions hearing, which is currently underway.
Our bylaws state residents are not to use visitors car spaces.
I have been called a bully, unneighbourly, accused of having a personal issue with residents; and the Chair implied I was a liar when I provided photographic evidence of the breach of the bylaws, claiming the photos weren’t taken on the day I said.
It’s very stressful to have to go to NCAT, but I have found that the Managing Agent has exacerbated our problems but not providing correct advice to the OC. Despite having motions to issue Notices to Comply on our AGM agenda, the OC voted not to take action. Our Managing Agent actually said if I didn’t like the decisions made by the OC I could go to NCAT. Frankly, the best approach is to go directly to the independent arbiter. It’s a small amount of money (as long as you don’t engage a lawyer) and in the long run you’ll save yourself a lot of angst.
Thank you Jimmy
It’s been a frustrating 12-18 months but I feel buoyed by your comments! I have been accused of bullying and being “un-neighbourly” simply because I raised concerns about the legality of the garage conversions and the “land grab”, as you call it, of the parking spaces. The current Chair of the EC wrote to the Managing Agent declaring that if the majority of owners agree to the garage conversions and residents parking in the visitors car spaces, then it should be allowed! At the recent AGM I proposed that the OC take carriage of dealing with the illegal garage conversions, but the motion was not supported and the Managing Agent suggested individuals could make their own enquiries with council, which I’ve done as I there is no support from the OC.
I believe our strata manager is not acting in the best interests of owners as their advice on the issues has been less than helpful, therefore I lodged a general complaint with the OFT against our them, but the OFT did not think there was sufficient evidence to take any action against them and suggested the complaint be lodged against the OC instead.
One of the garage converters has now put their property on market and I fear the new owners will assume they can park where they like as they don’t have a garage for their car! Buyer beware!!!
Because of the potential new owners/tenants, just this week I asked the strata manager to have “visitors only parking” signs erected, as per the development consent, but she advised that the issue would need to go to general meeting or wait until next July’s AGM.
If the development consent stipulates the parking is to be marked, wouldn’t the strata manager have authority to have work undertaken without needing to take it to a vote of the OC or seek agreement from the EC?
We have a similar issue in that our development consent, which is dated December 1977, states that our block of 5 townhouses, each with an attached garage, is to have provision for 10 car spaces, five of which are to be available at “all times” for visitors and services vehicles.
However, two of the owners converted their garages to living spaces (one 12 months ago, and the other about 7 years ago) neither submitting applications to the Owners Corporation for consideration, or to the local council for DA approval. These owners/tenants park their vehicles in the visitors car spaces, permanently blocking access to 2 of the 5 visitors car spaces, and they store their personal belongings (surfboards, prams, buildings equipment, garbage bins and bikes) in a third visitors car space which leaves only 2 spaces available for visitors. The owner who converted his garage 7 years ago is claiming that he can park in the visitors car spaces (he takes up 2 as he parks in front of his garage which blocks access to the 2 visitors car spaces) as he’s been doing it for 20 years. At the recent AGM, the Managing Agent at least advised him that he has been breaching the bylaws for 20 years!
Over the last 12 months I regularly sought advice from our Managing Agent on the three related issues without any success and despite having the issues on the agenda for the recent AGM, including proposing that, for the sake of fairness, we create a special bylaw to give exclusive use to one visitors car space per unit, the 3 owners who are the instigators of the above actions colluded to have the issues not considered further, except for the removal of personal items from common property. As this has not happened, I requested the Managing Agent take action to have the belongings removed. The Managing Agent has advised that they cannot take action unless authorised by the Executive Committee who have not followed up on the resolution from the AGM.
Can anyway confirm or advise if the Managing Agent has delegation to take action if the EC does not, as the OC had agreed at the AGM that action would be taken?
Regarding the visitors car spaces, the Office of Fair Trading has advised that I lodge a complaint against the Owners Corporation as it is failing to ensure owners/tenants adhere to the bylaws, while that does include me, it appears it may be my only course of action as I do not have the necessary support to get the Managing Agent to issue compliance notes. I have decided to delay lodging a complaint with the NCAT regarding the visitors car parking issue as I have lodged a complaint with the Council regarding the illegal garage conversions (this was suggested by the Office of Fair Trading). I’m hopeful that in Council’s review, which includes referring to the approved development consent, that the issue of the visitors car spaces will be resolved.
It is not very pleasant to be in dispute with your neighbours, however, sometimes there is no other choice!